Heath Haussamen
The right to criticize elected officials is at the core of the First Amendment. The Public Regulation Commission says you don’t have a right to hear that criticism. But what good is the right to criticize if what you say is kept secret?
I don’t understand why government officials seem lately to have difficulty understanding what is and is not public information under the state’s Inspection of Public Records Act.
I’ve written a lot about the secretary of state’s recent snafus. But the latest action that appears to violate the public records act comes from the New Mexico Public Regulation Commission, which is, according to the Albuquerque Journal, refusing to release comments that are critical of other employees and commissioners. The comments were included in employee surveys the PRC conducted last October.
The surveys were released to the media last year, but with about 15 percent redacted – the 15 percent containing critical comments. In considering whether to reverse the decision to redact the comments last week, PRC members voted 4-1 in favor of keeping the critical comments secret.
You could argue that the criticisms of specific employees contained in these surveys may not be public record because they are “matters of opinion” that might meet the criteria of this exemption to the public records act:
“Letters or memorandums which are matters of opinion in personnel files or students’ cumulative files.”
But elected officials don’t qualify for the personnel exemption. They work for us – you and me. That means the criticisms of commissioners by PRC employees are undeniably public.
It’s my belief that any general comments about employees at the PRC that don’t identify specific workers are also public, because those aren’t “matters of opinion” that are contained in any specific employee’s personnel file.
Thankfully, there’s one member of the commission – Jason Marks – who voted to release the information to the public. What’s unfortunate is that the other four think they have the right to hide comments that could be damaging to their own reputations.
The public’s right to know
According to the Journal, Commissioner Jerome Block Jr. – yes, the guy who’s currently under indictment – said during Tuesday’s meeting of the PRC that he doesn’t want “to hang our employees out to dry.” And Commissioner Sandy Jones said, according to the newspaper, that he was worried the media might distort some of the comments.
So, Commissioner Block, don’t release the comments that are critical of specific employees. The New Mexico Foundation for Open Government, which has taken an interest in this situation, has already said it considers that acceptable. And Commissioner Jones, it’s not your responsibility or your right to limit what information the media can access because you’re worried about how the media will use it.
The right to criticize elected officials is at the core of the First Amendment to the U.S. Constitution. The state’s public records act is designed to ensure that the public has access to that criticism, which is an equally important element in preserving democracy. What good is the right to criticize if no one gets to hear it?
We’re talking about one of the foundational truths of our democracy: The public has a right to know what PRC employees said about the commissioners on those surveys.
This is a fight that might be heading to court. If so, it’s not one the PRC is going to win. Good for Marks for standing up for what’s right. Shame on the others.